So Sue Me!

The great minds at the Republican National Committee are once again demonstrating their transcendent grasp of marketing, finance, and public relations. In an action so preposterously witless as to scramble the common cranium, the GOP has sent a “cease and desist” letter to CafePress citing trademark infringement on the part of sellers using the term “GOP” or the elephant logo. Attorney Paul Alan Levy of Public Citizen is representing CafePress and wrote this on the CLP Blog:

“[W]e might ask why the RNC has chosen an election year to try to suppress speech about the Republican Party, especially since many of the images are highly favorable to their cause. Many of the CafePress users appear to be Republican grassroots activists. Is this the right year for RNC staff members to start going after their own supporters?”

Asking the RNC why they are trying to suppress speech is like asking why tobacco companies add nicotine to cigarettes - the only way you can get people to consume either one is to artificially manipulate their behavior. Tobacco companies do it with addictive chemicals. Republicans do it with message control and censorship.

Ironically, this harebrained scheme can only work to the disadvantage of Republican allies. The First Amendment guarantee of free speech, along with “fair use” and the legal protection for parody, insure that any critical use of the trademarked properties is permitted. Only those who are using the properties favorably would be subject to litigation because it would be more likely to result in confusion with the RNC’s own favorable use. So the GOP’s action punishes their friends while having no impact whatsoever on opponents.

This is the same pack of idiots that got us mired in a war in Iraq; that ran our economy into the ground; and that want to persuade us that John McCain ought to be our next president.